eng
competition

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practice 132

created Mar 14th, 19:45 by Heartking001


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The first feature of Indian Bill of Rights is that it is an extensive bill. In the  
Articles 23 which have further classes, the detailed explanation of Human  
rights has been given. In Article 29, individuals have been given right of  
freedom and it has six such parts which provides detailed description of six  
different types of freedom and their exceptions. Similar extensive description  
has been given in other articles too. American constitution has a regulation  
that citizens not only have the rights mentioned in the constitution but they  
also possess the rights that the citizens have from ancient times. In other  
words, the American constitution indirectly provides recognition to natural  
rights principles. These are applicable to all equally and all meant for all  
individuals from legal point of view. The government cannot make any  
discrimination while exercising control on the fundamental rights. No right  
can be unlimited. Their use can be done only after considering the welfare of  
others. Rights are dependent and they can be used within the social context  
only. That is why our constitution provides necessary right to the government  
in accordance with time to exercise control on the fundamental right from the  
purview of states safety, public order, public morality and public welfare. Most  
of the rights mentioned in the Indian Bill of Rights are negative. In other  
words through these rights regulations and boundaries have been imposed  
on the states. For eg. Regulation has been imposed on the states that they  
can neither make any discrimination on the basis of caste, colour, sex etc nor  
any such discrimination at the time of appointment to the government. But  
some rights have been written in a positive way. They act as limitations on  
the powers of the legislature and executive, under Article 13 and in case of  
any violation of these rights the Supreme Court of India and the High Courts  
of the states have the power to declare such legislative or executive action  
as unconstitutional and void. These rights are largely enforceable against the  
State, which as per the wide definition provided in Article 12, includes not  
only the legislative and executive wings of the federal and state  
governments, but also local administrative authorities and other agencies  
and institutions which discharge public functions or are of a governmental  
character. The Fundamental Rights are not absolute and are subject to  
reasonable restrictions as necessary for the protection of public interest

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